1. About Us
1.1 Motorsland is a motor vehicle dealer trading from Kingston Road, Staines TW15 3SL.
Telephone: 01784 542243
Email: [email protected]
Website: www.motorsland.co.uk
1.2 Nothing in these Terms limits or excludes your statutory rights under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or any other applicable legislation.
1.3 Our Privacy Policy, available on our website, explains how we process personal data.
2. Formation of Contract
2.1 The contract comprises:
(a) the Order Form or Invoice
(b) these Terms and Conditions
(c) any written description of the vehicle provided by us
2.2 The contract is concluded when you confirm the Order details and pay any agreed deposit
2.3 You confirm that you have not relied upon any statement, representation, warranty or promise not to set out in writing in the contractual documents, including statements in advertisements, social media or messaging platforms. Nothing in this clause affects liability for fraud or fraudulent misrepresentation.
3. Vehicle Status and Used Vehicle Nature
3.1 All vehicles are used vehicles and will exhibit wear and tear commensurate with age, mileage, price, service history, specification and number of previous keepers.
3.2 Satisfactory quality is assessed in accordance with section 9 of the Consumer Rights Act 2015 and takes into account the vehicle’s age, mileage, price and service history.
3.3 A used vehicle cannot reasonably be expected to perform to the standard of a new vehicle or remain free from mechanical failure for any particular period.
3.4 Components subject to routine wear and tear include, but are not limited to, clutches, brakes, tyres, batteries, exhaust systems, suspension components and timing belts within manufacturer service intervals.
3.5 A valid MOT certificate confirms compliance with minimum legal road safety standards only and is not a guarantee of mechanical condition.
4. Pre-Sale Inspection and Condition Record
4.1 Each vehicle undergoes a documented pre-sale inspection.
4.2 A written record of the vehicle’s condition at delivery, including mileage and any agreed pre-existing defects, may be retained and relied upon as primary evidence of condition at the point risk and possession passed.
4.3 The inspection identifies faults present at the time of sale but does not constitute a guarantee against future wear, deterioration or mechanical failure.
5. Vehicle Description
5.1 The vehicle shall:
(a) correspond with its written description
(b) be of satisfactory quality, and
(c) be reasonably fit for any purpose made known to us prior to sale.
5.2 Images and website listings are for illustrative purposes only.
5.3 Recorded mileage may increase slightly prior to delivery due to testing, inspection or delivery.
6. Customer Inspection and Test Drive
6.1 You are encouraged to inspect and test drive the vehicle prior to purchase.
6.2 You may obtain an independent inspection at your own cost.
6.3 Failure to inspect does not affect your statutory rights.
7. Payment, Ownership and Risk
7.1 Ownership does not pass until full cleared payment is received.
7.2 Risk passes when you take possession of the vehicle or when the vehicle is delivered to you.
7.3 We do not offer motor finance. All purchases must be paid in full using cleared funds prior to delivery or collection.
7.4 Where payment is made by debit or credit card, you agree to follow the fault reporting and inspection procedures set out in these Terms before initiating any chargeback request
8. Delivery and Collection
8.1 Delivery dates are estimates only and time is not of the essence.
8.2 You must inspect the vehicle on delivery or collection and notify us immediately of any transport damage.
8.3 Risk passes on delivery where we deliver the vehicle, or on collection where you collect.
9. Fault Reporting Procedure
9.1 If you believe a fault is present you must:
(a) cease using the vehicle as soon as reasonably practicable, and
(b) notify us in writing without undue delay.
9.2 Continued use after a fault becomes apparent may be taken into account when determining causation and remedy.
9.3 You must not authorise repairs or incur diagnostic costs without our prior written consent unless reasonably necessary for safety.
9.4 “In writing” includes email.
10. Inspection of Reported Faults
10.1 Where the vehicle is roadworthy it must be returned to our premises for inspection, normally within 7 days of notification, unless otherwise agreed.
10.2 Where the vehicle is not roadworthy, we will agree a reasonable method of inspection.
10.3 We are not responsible for third-party inspection or repair costs incurred without prior written authorisation unless a valid statutory remedy is established.
10.4 Any independent report must be prepared by a suitably qualified automotive engineer and identify the fault, its cause and whether it was present at delivery.
10.5 We may rely upon vehicle diagnostic data, including electronic logs and fault codes.
10.6 Unless a valid statutory right is established, the customer remains responsible for returning the vehicle for inspection.
11. Misuse and Post-Sale Damage
11.1 We are not liable for defects arising from:
(a) accident damage
(b) misuse, neglect or modification
(c) failure to maintain correct fluid levels
(d) ignoring warning indicators
(e) overheating or continued use after a fault becomes apparent
(f) unauthorised repair
(g) software updates, DPF regeneration requirements, AdBlue system operation, or emissions control issues caused by driving style or usage pattern.
12. Short-Term Right to Reject (First 30 Days)
12.1 If a qualifying fault is present within 30 days you are entitled to reject the vehicle for a full refund.
12.2 We are entitled to inspect the vehicle to verify the fault.
12.3 No administration, collection or mileage charges will apply where a valid rejection is established.
13. Repair or Replacement (After 30 Days)
13.1 After 30 days we may offer a repair or replacement.
13.2 Repairs will be carried out within a reasonable time and without significant inconvenience, ordinarily within 30 days, subject to parts availability.
13.3 If repair or replacement is unsuccessful you may be entitled to a price reduction or final right to reject.
13.4 Any deduction for use will be made in accordance with statutory guidance.
13.5 Faults arising within the first six months are presumed present at delivery unless we establish otherwise.
14. 14. Durability and Mileage
14.1 Mileage driven before fault notification may be taken into account when assessing durability and remedy.
15. Return of Vehicle Under Statutory Remedies
15.1 Where roadworthy, you must return the vehicle to our premises for inspection.
15.2 Where not roadworthy we will agree a reasonable recovery method.
15.3 We will bear collection costs only where a valid statutory rejection is established or where required to provide a remedy without significant inconvenience.
15.4 Return must be by prior appointment during business hours.
16. Distance and Off-Premises Sales
16.1 Where purchase is made without attending our premises you may cancel within 14 days of delivery.
16.2 You must take reasonable care of the vehicle during this period.
16.3 A reasonable deduction may be made for use beyond that necessary to inspect the vehicle.
16.4 We will issue any refund due within 14 days of receiving the vehicle back or receiving evidence it has been returned.
16.5 Refunds will be made using the original payment method unless otherwise agreed.
17. Storage Charges
17.1 Where a vehicle is ready for collection and not collected within 7 days we may levy reasonable storage charges.
17.2 No storage charges will apply unless at least 7 days’ prior written notice has been given.
18. No Change-Of-Mind Returns
18.1 We do not accept returns where no qualifying fault is present. Your statutory rights remain unaffected.
19. Warranty
19.1 Any warranty is a separate agreement between you and the warranty provider. Your statutory rights are not affected.
20. Liability
20.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any matter which cannot lawfully be excluded.
20.2 We are not liable for indirect or consequential losses.
21. Complaints and ADR
21.1 Complaints should be submitted to [email protected].
21.2 We will consider the use of an appropriate Alternative Dispute Resolution provider where a dispute cannot be resolved internally.
22. Govering Law
22.1 These Terms are governed by the law of England and Wales and subject to the exclusive jurisdiction of the English courts.
23. Customer Acknowledgment
23.1 By signing the Order Form or taking delivery of the vehicle you confirm you have read and agree to these Terms.
24. Business and Trade Sales
24.1 Where the purchaser is acting in the course of business, the Consumer Rights Act 2015 does not apply.
24.2 The vehicle is sold on a trade basis and all implied terms are excluded to the fullest extent permitted by law.
24.3 The vehicle is sold as seen and inspected with no representation as to quality or fitness for purpose.
24.4 Nothing excludes liability for death, personal injury or fraud.
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